Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Proposed Rules 283 

1 80 FR 65292, October 26, 2015, codified at 40 

CFR 50.19. 

2CAA sections 107(d)(1) and 181(a)(1). 

3CAA section 181(a)(1). 

4 83 FR 62998, December 6, 2018. 

5CAA section 182(a). 

6CAA section 182(b). 

7 83 FR 25776, June 4, 2018. 

8 87 FR 60897, October 7, 2022. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2022–0983; FRL–11757– 

01–R5] 

Air Plan Approval; Ohio; Moderate 

Attainment Plan Elements for the 

Cleveland Area for the 2015 Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the following portions of Ohio’s State 

Implementation Plan (SIP) submission 

for the Cleveland 2015 ozone national 

ambient air quality standard (NAAQS or 

standard) Moderate nonattainment area: 

the base year emissions inventory, the 

reasonable further progress (RFP) 

demonstration, the motor vehicle 

inspection and maintenance (I/M) 

program, and the nonattainment new 

source review (NNSR) program. EPA is 

proposing to approve these portions of 

the State’s submission as a SIP revision 

pursuant to section 110 and part D of 

the CAA and EPA’s regulations. EPA is 

also initiating the adequacy process and 

proposing approval of the 2023 motor 

vehicle emissions budgets (budgets) 

associated with the Cleveland Moderate 

ozone nonattainment RFP 

demonstration. 

DATES: Comments must be received on 

or before February 3, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2022–0983 at https://

www.regulations.gov, or via email to 

arra.sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 

submit to EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI, PBI, or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Air and Radiation 

Division (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. The EPA 

Region 5 office is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. Background 

II. Evaluation of Ohio’s Submittal 

A. 2017 Base Year Emissions Inventory 

B. 15% RFP Plan 

C. Motor Vehicle Emission Budgets 

D. Motor Vehicle Inspection and 

Maintenance (I/M) Program 

E. NNSR Review 

III. Environmental Justice Considerations 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On December 28, 2015, EPA 

promulgated a revised 8-hour ozone 

NAAQS of 0.070 parts per million 

(ppm).1 Promulgation of a revised 

NAAQS triggers a requirement for EPA 

to designate all areas of the country as 

nonattainment, attainment, or 

unclassifiable for the NAAQS. For the 

ozone NAAQS, this also involves 

classifying any nonattainment areas at 

the time of designation.2 Ozone 

nonattainment areas are classified based 

on the severity of their ozone levels as 

determined based on the area’s ‘‘design 

value,’’ which represents air quality in 

the area for the most recent 3 years. The 

classifications for ozone nonattainment 

areas are Marginal, Moderate, Serious, 

Severe, and Extreme.3

Areas that EPA designates 

nonattainment for the ozone NAAQS are 

subject to the general nonattainment 

area planning requirements of CAA 

section 172 and the ozone-specific 

planning requirements of CAA section 

182. Ozone nonattainment areas in the 

lower classification levels have fewer 

and/or less stringent mandatory air 

quality planning and control 

requirements than those in higher 

classifications. In EPA’s December 6, 

2018, rule, ‘‘Implementation of the 2015 

National Ambient Air Quality Standards 

for Ozone: Nonattainment Area State 

Implementation Plan Requirements,’’ 

known as the ‘‘SIP Requirements Rule,’’ 

EPA set forth nonattainment area 

requirements for the 2015 ozone 

NAAQS.4 These requirements are 

codified at 40 CFR part 51 subpart CC. 

For Marginal areas, a State is required 

to submit a baseline emissions 

inventory, adopt provisions into the SIP 

requiring emissions statements from 

stationary sources, and implement a 

NNSR program for the relevant ozone 

NAAQS.5 For Moderate areas, a State 

needs to comply with the Marginal area 

requirements, plus additional Moderate 

area requirements, including the 

requirement to submit a modeled 

demonstration that the area will attain 

the NAAQS as expeditiously as 

practicable but no later than 6 years 

after designation, the requirement to 

submit an RFP plan, the requirement to 

adopt and implement certain emissions 

controls, such as Reasonably Available 

Control Technology (RACT) and I/M, 

and the requirement for greater 

emissions offsets for new or modified 

major stationary sources under the 

State’s NNSR program.6

Effective August 3, 2018, EPA 

designated the Cleveland area as a 

Marginal nonattainment area for the 

2015 ozone NAAQS.7 The Cleveland 

area includes Cuyahoga, Geauga, Lake, 

Lorain, Medina, Portage, and Summit 

Counties. On October 7, 2022, pursuant 

to section 181(b)(2) of the CAA, EPA 

determined that the Cleveland area 

failed to attain the 2015 ozone NAAQS 

by the August 3, 2021, Marginal area 

attainment deadline and thus 

reclassified the area from Marginal to 

Moderate nonattainment.8 In that 

action, EPA established January 1, 2023, 

as the due date for the State to submit 

all Moderate area nonattainment plan 

SIP requirements applicable to newly 

reclassified areas. 

II. Evaluation of Ohio’s Submittal 

Ohio submitted a SIP revision on 

December 21, 2022, to address Moderate 

area requirements for the Cleveland area 

under the 2015 ozone NAAQS. The 


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9 83 FR 62998 at 63005, December 6, 2018. 

10Supporting documentation for the NEI is 

available on EPA’s website at https://www.epa.gov/ 

air-emissions-inventories/2017-national-emissionsinventory-nei-data?adlt=strict. Supporting 

documentation for the 2017gb emissions modeling 

platform is available at https://www.epa.gov/airemissions-modeling/2017-emissions-modelingplatform. 

11 ‘‘2017gb_hapcap_county_monthly_report_

CAPs_PEC_POC_09apr2021’’ file available at 

https://www.epa.gov/air-emissions-modeling/2017- 

emissions-modeling-platform (select 2017 Data Files 

and Summaries, then reports, then the specific file). 

submittal contained a number of 

nonattainment plan elements, including 

a 2017 base year emissions inventory for 

volatile organic compounds (VOC) and 

oxides of nitrogen (NOX), a 15% RFP 

plan with 2023 VOC and NOX motor 

vehicle emissions budgets, an I/M 

program certification, and a NNSR 

certification, and each of these is 

covered in further detail below. The 

submission also included an attainment 

demonstration, a reasonably available 

control measures demonstration, and 

contingency measures, which will be 

addressed in a separate action. Ohio’s 

SIP submission and associated 

supporting documents are available in 

the docket for this action, at https://

www.regulations.gov, Docket ID No. 

EPA–R05–OAR–2022–0983. 

A. 2017 Base Year Emissions Inventory 

1. Background 

CAA sections 172(c)(3) and 182(a)(1), 

42 U.S.C. 7502(c)(3) and 7511a(a)(1), 

require States to develop and submit, as 

SIP revisions, comprehensive, accurate, 

and complete emissions inventories for 

all areas designated as nonattainment 

for the ozone NAAQS. This requirement 

is codified at 40 CFR 51.1315, and the 

term ‘‘base year inventory’’ is defined at 

51.1300(p). For ozone, the base year 

inventory is an estimation of actual 

emissions of VOC and NOX from all 

sources within the boundaries of the 

nonattainment area. 

The regulation at 40 CFR 51.1315(a) 

requires that the selected inventory year 

be consistent with the baseline year for 

the RFP plan as required by 40 CFR 

51.1310(b), which states that the 

baseline emissions inventory shall be 

the emissions inventory for the most 

recent calendar year for which a 

complete triennial inventory is required 

to be submitted to EPA under the 

provisions of subpart A of 40 CFR part 

51, Air Emissions Reporting 

Requirements, 40 CFR 51.1 through 50. 

For areas designated as nonattainment 

in 2018, the most recent triennial 

inventory year conducted for the 

National Emissions Inventory (NEI) 

pursuant to the Air Emissions Reporting 

Requirements (AERR) rule is 2017.9

Further, 40 CFR 51.1315(c) requires 

emissions values included in the base 

year inventory to be actual ozone season 

day emissions as defined by 40 CFR 

51.1300(q), which states: ‘‘Ozone season 

day emissions means an average day’s 

emissions for a typical ozone season 

work weekday. The State shall select, 

subject to EPA approval, the particular 

month(s) in the ozone season and the 

day(s) in the work week to be 

represented, considering the conditions 

assumed in the development of RFP 

plans and/or emissions budgets for 

transportation conformity.’’ 

On July 24, 2020, Ohio submitted a 

SIP revision addressing the emissions 

inventory requirement of CAA section 

182(a)(1). At that time, the Cleveland 

nonattainment area was designated 

Marginal nonattainment and RFP was 

not required. Therefore, Ohio initially 

selected 2014 as the base year because 

it was one of the years used to designate 

the area as nonattainment for the 2015 

ozone NAAQS and it was the most 

current comprehensive, accurate, and 

quality assured triennial emissions 

inventory in the NEI database available 

at the time the State began preparing the 

emissions inventory submittal for the 

Cleveland area. EPA approved Ohio’s 

2014 base year emissions inventory for 

the Cleveland area on March 3, 2021, 86 

FR 12270. 

The Cleveland area has since been 

reclassified to Moderate nonattainment, 

and RFP is now required. Therefore, 

consistent with the requirements set 

forth in the SIP requirements Rule, Ohio 

submitted a 2017 base year inventory to 

supersede the previously approved 2014 

base year inventory. 

2. Ohio’s Emission Inventory Submittal 

Ohio’s 2017 base year emissions 

inventory submittal includes VOC and 

NOX emissions estimates for the 

following source categories: point 

sources, nonpoint sources, onroad 

mobile sources, nonroad mobile 

sources, and biogenic sources. Onroad 

emissions estimates were developed 

using EPA’s Motor Vehicle Emissions 

Simulator model (MOVES3), which was 

the latest model version at the time the 

inventory was developed. Ohio used 

annual emissions data contained from 

EPA’s 2017gb emissions modeling 

platform, which is based on the 2017 

NEI, to generate emissions estimates for 

the point, nonpoint, nonroad and 

biogenic source categories.10 The 

emissions collected from the 2017gb 

inventory were presented in terms of 

monthly or annual emissions. 

Where monthly data were available, 

Ohio derived ozone season day 

emissions by dividing July emissions by 

the number of days in July. Where only 

annual data were available, Ohio 

derived ozone season day emissions by 

applying a conversion factor, by source 

type and pollutant, to the annual 

emissions. Ohio derived the conversion 

factors from EPA’s 2017gb Air 

Emissions Modeling Platform.11 Ohio 

selected July as representative of the 

ozone season as it is typically the 

warmest month and had the highest 

monthly emissions of NOX and VOC 

combined in the 2017gb modeling 

platform. 

Ozone season day emissions as 

derived above include weekend days. 

Ohio determined that this is appropriate 

because ozone values measured on 

weekend days have a significant impact 

on the monitor design values in the 

Cleveland nonattainment area. 

Monitoring data from 2017 through 

2022 show the Cleveland nonattainment 

area had between 5 and 7 days with one 

or more monitors recording values over 

the 2015 ozone standard each year, with 

up to 3 of those days in a year falling 

on a weekend. In addition, for each year 

from 2017 to 2022, between 5 and 18 of 

the 1st through 4th high values that 

contributed to the design value for a 

monitor occurred on a weekend day. As 

such, Ohio determined that it was 

appropriate to include weekend 

emissions in the calculation of ozone 

season day emissions. 

Point Sources 

The point source sector includes 

large, stationary sources whose 

emissions are usually well 

characterized, are generally discharged 

through stacks and which are required 

to possess an Ohio EPA issued permit. 

The point source inventory collected 

from the 2017gb emissions inventory 

platform was initially developed from 

Ohio EPA’s online reporting database, 

STARS2, where facilities submit annual 

emissions reports. Ohio EPA requires 

annual emission reports for title V and 

synthetic minor facilities. After review 

and approval by Ohio EPA staff, the 

facility emissions were then formatted, 

through an EPA provided Microsoft 

Access tool, for annual submission to 

the Emission Inventory System (EIS) 

Gateway to fulfill required reporting for 

the annual EIS. Initially, the point 

source inventory was submitted to the 

EIS Gateway in draft form to begin the 

Quality Assurance (QA) process. 

The EIS Gateway QA environment 

performed a variety of checks on the 

point source inventory, including 

facility site geographic coordinates, 


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duplicate facilities, release point 

diameter, and others. After the QA 

checks were performed, the EIS 

Gateway provided a feedback file with 

any errors that were encountered. These 

errors were addressed on a case-by-case 

basis, depending on the error. Some 

errors required collaboration with EPA 

such as correcting duplicate facilities. 

Once all critical errors were corrected, 

the emissions were submitted to the EIS 

Gateway in final form. 

The final point source inventory is 

divided into two categories: electric 

generating units (EGUs) and non-EGUs. 

Ohio collected both EGU and non-EGU 

emissions from the 2017gb emissions 

modeling platform. These files provided 

annual data which Ohio converted to 

tons per ozone season day (tpd) using 

the conversion factors identified above. 

Nonpoint Sources 

Nonpoint sources, also referred to as 

‘‘area’’ sources, are sources that fall 

below point source reporting levels or 

are too small or too numerous to be 

identified individually. The nonpoint 

inventory collected from the 2017gb 

emissions inventory platform was 

initially developed from a variety of 

State data supplied to estimate 

emissions based on procedures and 

guidance supplied by EPA. State 

specific data was only used when Ohio 

was able to provide data that was 

considered to more accurately describe 

activity or emissions in Ohio compared 

to the default data. Where Ohio was 

unable to provide State specific data, 

EPA default data was used. EPA default 

data for nonpoint sources was 

developed by EPA with the help of the 

Nonpoint Method Advisory (NOMAD) 

committee. NOMAD is a group of 

inventory developers from a variety of 

State and local agencies that collaborate 

on the development of methodologies to 

aid EPA in the development of default 

data for the NEI. In order to provide the 

most accurate and complete nonpoint 

inventory possible, Ohio implemented 

quality control and quality assurance 

measures throughout the development 

of this inventory. Additionally, Ohio 

followed inventory preparation 

procedures in guidance documents 

provided by EPA and NOMAD. The 

quality control and quality assurance of 

nonpoint data was primarily an ad-hoc 

process led by EPA. This process 

included comparing 2017 estimates to 

previous NEI cycles, gap-filling for 

missing pollutants, and evaluating 

outliers. 

Ohio estimated the oil and gas 

nonpoint category using well counts for 

conventional and unconventional wells, 

production data, and well site 

configuration data obtained from the 

Ohio Department of Natural Resources 

Division of Oil and Gas Resource 

Management. Ohio processed the data 

through a Microsoft Access tool 

provided by EPA to estimate emissions. 

The tool was used only to estimate 

emissions from upstream activities since 

mid and downstream operations are 

accounted for in Ohio’s point inventory. 

Since operating conditions were 

different for conventional and 

unconventional wells, the tool was run 

twice; once for conventional wells using 

EPA default data, and then run again 

with adjustments for well configuration 

in the tool for unconventional wells. 

For industrial, commercial, and 

institutional (ICI) fuel combustion, 

solvents, gas distribution, and publicly 

owned treatment works (POTW), Ohio 

used point source subtraction. This 

means either nonpoint activity data or 

emissions were adjusted to account for 

activity data or emissions that had 

already been reported in the point 

source inventory. This process was 

guided by the Point to Nonpoint 

Crosswalk which was provided by EPA. 

This crosswalk describes the similarities 

between point SCCs and nonpoint SCCs 

to help avoid double counting. Once the 

nonpoint activity data or emissions 

were identified, Ohio imported the data 

into EPA tools for the specific sectors 

and a file was generated to be uploaded 

into the EIS Gateway’s QA environment 

in draft form. Ohio quality assured the 

file in EPA’s QA environment and 

corrections were made to satisfy EPA’s 

QA checks. Once all errors were 

corrected, Ohio submitted emissions in 

final form. 

For remaining nonpoint categories, 

other than the Ohio activity submissions 

(oil and gas, ICI, solvents, POTW, and 

gas distribution), Ohio used EPA default 

activity data. In cases where Ohio 

provided State specific activity data, 

that data was collected from a variety of 

State organizations. For example, POTW 

data including annual discharge fees to 

estimate average flows and totals was 

provided by the Division of Surface 

Water in Ohio EPA. 

Throughout the process of the 

nonpoint inventory development, Ohio 

took part in monthly NOMAD calls 

along with calls for NOMAD subcommittees. Through the regular 

conference calls, States were able to 

provide input throughout the 

development process of the 2017 NEI. 

Also, the calls provided information and 

guidance which helped develop a 

consistent and accurate inventory. Ohio 

collected nonpoint 2017 emissions from 

the 2017gb emissions modeling 

platform. The files provided annual data 

which Ohio converted to tpd using the 

conversion factors identified above. 

Nonroad Mobile Sources 

Nonroad mobile sources are mobile 

sources that are not certified for 

highway use and include equipment 

that can either move under their own 

power or can be moved from site to site. 

Ohio collected nonroad 2017 emissions 

data from the 2017gb emissions 

modeling platform, which was initially 

developed in the 2017 NEI. This file 

provided monthly data which were 

converted to tpd by dividing July 

emissions by the number of days in July. 

During the development of the 2017 

NEI, EPA used MOVES2014b to 

generate nonroad emissions. Ohio EPA 

did not provide State specific data for 

the development of nonroad emissions. 

Since Ohio did not provide State 

specific data, data from default 

databases in MOVES were used to 

generate emissions. 

Onroad Mobile Sources 

Onroad mobile sources are motor 

vehicles traveling on local highways 

and roads. Onroad emissions data were 

developed by the Northeast Ohio 

Areawide Coordinating Agency 

(NOACA), the Akron Metropolitan Area 

Transportation Study (AMATS), and the 

Ohio Department of Transportation 

(ODOT), in consultation with Ohio EPA 

and EPA, using emission factors 

produced by MOVES3 and data 

produced by the region’s updated traveldemand model. 

Biogenic Sources 

Biogenic emissions come from natural 

sources including vegetation and soils. 

2017 biogenic emissions were collected 

from the 2017gb emissions modeling 

platform. This file provided monthly 

data which was converted to tpd by 

dividing July emissions by the number 

of days in July. 

Summary of the Emissions Inventory 

2017 ozone season day emissions in 

tpd of NOX and VOCs for each county 

by sector are shown in tables 1 and 2, 

below. 


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12 83 FR 62998 at 63004, December 6, 2018. 

13 74 FR 47414, September 15, 2009. 

14 83 FR 62998 at 63005, December 6, 2018, 

codified at 40 CFR 51.1310(b). 

15 40 CFR 51.1310(a)(6). 

TABLE 1—CLEVELAND NOX EMISSIONS FOR 2017 BASE YEAR

[tpd] 

County EGU Non-EGU Nonpoint Onroad Nonroad Total 

Anthropogenic Biogenic Total 

Cuyahoga .................................................... 0.00 7.38 6.12 21.06 9.95 44.51 0.59 45.10 

Geauga ........................................................ 0.00 0.02 0.16 2.04 1.43 3.65 0.59 4.24 

Lake ............................................................. 0.05 1.70 2.51 4.34 3.57 12.17 0.34 12.51 

Lorain .......................................................... 3.05 0.99 2.95 5.30 3.42 15.71 1.10 16.81 

Medina ......................................................... 0.00 0.18 0.87 4.72 1.60 7.37 1.01 8.38 

Portage ........................................................ 0.00 0.29 1.80 2.98 1.97 7.04 0.97 8.01 

Summit ........................................................ 0.00 0.72 2.08 9.78 3.35 15.93 0.72 16.65 

Total ..................................................... 3.10 11.29 16.48 50.22 25.29 106.38 5.32 111.70 

TABLE 2—CLEVELAND VOC EMISSIONS FOR 2017 BASE YEAR

[tpd] 

County EGU Non-EGU Nonpoint Onroad Nonroad Total 

Anthropogenic Biogenic Total 

Cuyahoga .................................................... 0.00 3.20 53.46 12.49 12.65 81.80 22.33 104.13 

Geauga ........................................................ 0.00 0.08 3.99 2.46 1.20 7.73 22.50 30.23 

Lake ............................................................. 0.00 0.77 10.83 3.62 2.58 17.80 14.50 32.30 

Lorain .......................................................... 0.13 0.81 10.26 3.96 3.23 18.39 14.16 32.55 

Medina ......................................................... 0.00 0.35 9.87 1.92 2.65 14.79 13.16 27.95 

Portage ........................................................ 0.00 1.31 7.29 4.39 1.87 14.86 23.41 38.27 

Summit ........................................................ 0.00 1.26 20.90 4.97 5.75 32.88 21.62 54.50 

Total ..................................................... 0.13 7.79 116.60 29.93 33.82 188.27 131.68 319.95 

3. Evaluation of Ohio’s 2017 Base Year 

Emission Inventory 

EPA has reviewed Ohio’s 2017 base 

year emissions inventory for 

consistency with sections 172(c)(3) and 

182(a)(1) of the CAA and EPA’s 

emission inventory requirements. The 

selection of 2017 as the base year 

comports with the RFP baseline year 

requirements set forth in the SIP 

Requirements Rule and codified at 40 

CFR 51.1310(b). 

EPA has reviewed the techniques 

used by Ohio to derive and quality 

assure the emission estimates. Ohio 

documented the procedures used to 

estimate the emissions for each of the 

major source types. The documentation 

of the emission estimation procedures is 

thorough and adequate to determine 

that Ohio followed acceptable 

procedures to estimate the emissions. 

Ohio developed a QA plan and 

followed this plan during various 

phases of the emissions estimation and 

documentation process to quality assure 

the emissions for completeness and 

accuracy. These QA procedures were 

summarized in the documentation 

describing how the emissions estimates 

were developed. Because it meets the 

applicable requirements, EPA is 

proposing to approve Ohio’s 2017 base 

year emissions inventory for the 

Cleveland area for the 2015 ozone 

NAAQS. 

B. 15% RFP Plan 

1. Background 

The CAA requires that States with 

areas designated as nonattainment for 

ozone achieve RFP toward attainment of 

the ozone NAAQS. CAA section 

172(c)(2) contains a general requirement 

that nonattainment plans must provide 

for emissions reductions that meet RFP. 

For areas classified Moderate and above, 

section 182(b)(1) imposes a more 

specific RFP requirement that a State 

was required to meet through a 15% 

reduction in VOC emissions from the 

baseline anthropogenic emissions 

within 6 years after November 15, 1990. 

The SIP Requirements Rule 

addressed, among other things, RFP 

requirements as they apply to areas 

designated nonattainment and classified 

as Moderate for the 2015 ozone 

NAAQS.12 RFP requirements under the 

2015 ozone NAAQS are codified at 40 

CFR 51.1310. EPA interprets the 15% 

VOC emission reduction requirement in 

CAA section 182(b)(1) such that a State 

that has already met the 15% 

requirement for VOC for an area under 

either the 1-hour ozone NAAQS or a 

prior 8-hour ozone NAAQS would not 

have to fulfill that requirement through 

reductions of VOC again. Instead, EPA 

interprets CAA section 172(c)(2) to 

require States with such areas to obtain 

15% ozone precursor emission 

reductions from VOC and/or NOX over 

the first 6 years after the baseline year 

for the 2015 ozone NAAQS. Ohio 

previously met the 15% VOC reduction 

requirement of CAA section 182(b)(1) 

for the Cleveland area under the 1-hour 

ozone NAAQS.13 Therefore, the State 

may rely upon both VOC and NOX

emissions reductions to meet the RFP 

requirement for the 2008 ozone NAAQS. 

The SIP Requirements Rule specifies 

that the baseline emissions inventory for 

RFP plans shall be the most recent 

calendar year prior to designation for 

which a complete triennial inventory is 

required to be submitted to EPA under 

the provisions of subpart A of 40 CFR 

part 51, Air Emissions Reporting 

Requirements, 40 CFR 51.1 through 50. 

For areas designated as nonattainment 

in 2018, the most recent triennial 

inventory year conducted for the NEI 

pursuant to the AERR rule is 2017. The 

rule also allows the use of an alternative 

RFP baseline year that corresponds with 

the year of the effective date of an area’s 

designation, i.e., 2018 for areas 

designated nonattainment in 2018.14

States may not take credit for VOC or 

NOX reductions occurring from sources 

outside the nonattainment area for 

purposes of meeting the 15% RFP 

requirements of CAA sections 172(c)(2), 

182(b)(1), and 182(c)(2)(B).15

Except as specifically provided in 

CAA section 182(b)(1)(C) and (D) and 

CAA section 182(c)(2)(B), all emission 


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16 40 CFR 51.1310(a)(5). 

17 40 CFR 51.1310(a)(7). 

18 87 FR 20036, April 6, 2022. EPA finalized the 

transport FIP on June 5, 2023, 88 FR 36654. 

reductions from SIP-approved or 

Federally promulgated measures that 

occur after the baseline emissions 

inventory year are creditable for 

purposes of the RFP requirements in 

this section, provided the reductions 

meet the requirements for creditability, 

including the need to be enforceable, 

permanent, quantifiable, and surplus.16

Further, the Administrator has 

determined that the four categories of 

control measures listed in CAA section 

182(b)(1)(D) are no longer required to be 

calculated for exclusion in RFP analyses 

because due to the passage of time the 

effect of these exclusions would be de 

minimis.17

2. Ohio’s 15% RFP Plan 

Emission Inventories 

To demonstrate that the Cleveland 

area has achieved 15% RFP over the 6- 

year attainment planning period, Ohio 

is using a 2017 base year inventory and 

a 2023 RFP inventory. The procedures 

Ohio used to develop the 2017 base year 

inventory are discussed in section I.A., 

above. When developing the 2023 RFP 

inventory, Ohio estimated onroad 

emissions using EPA’s MOVES3 model. 

For the point, nonpoint, and nonroad 

source categories, Ohio projected 2023 

emissions from the 2017 base year 

inventory as described below. 

As with the 2017 base year inventory, 

point source emissions were divided 

into two categories, EGU and non-EGU. 

Ohio derived 2023 projected EGU 

emissions from the 2017 inventory by 

evaluating each facility individually. 

Ohio considered 2017 to 2021 historical 

emissions along with Eastern Region 

Technical Advisory Committee (ERTAC) 

2023 projections, where available for 

larger sources, and selected the most 

reasonable, conservative projection for 

2023. Ohio also searched for any new 

EGUs with reported emissions after 

2017 and reviewed recent permitting 

actions for any title V or synthetic minor 

facilities that have been permitted but 

have not yet begun reporting emissions. 

Ohio determined that 2023 emissions 

were unchanged from 2017 emissions 

with the following exceptions: 

• Eastlake Substation: Ohio set 2023 

emissions at zero, as B006 was 

permanently shut down in February 

2020 and the only operating units 

remaining at the facility produce de 

minimis emissions. 

• Avon Lake Power Plant: Ohio set 

2023 emissions at zero as the only coalfired boiler (B012) was permanently 

shut down in April 2022. 

• Lorain County LFG Power Station: 

Ohio set 2023 emissions to the most 

recent available (2021) as two units 

(P004 and P001) permanently shut 

down in 2020. 

• Oberlin Municipal Light & Power 

System: Ohio set 2023 emissions to the 

highest recent available (2020) to be 

conservative. 

• West Lorain Plant: Ohio set 2023 

emissions to the highest recent available 

(2021) to be conservative. 

• OMEGA JV2—Seville: The facility 

reported zero emissions in 2017. Ohio 

set 2023 emissions to the most recent 

available (2021). 

• CF1 (Cuyahoga Falls 1): The facility 

did not report emissions from 2013 to 

2017. Ohio set 2023 emissions to the 

most recent available (2021). 

• CF2 (Cuyahoga Falls 2): This is a 

new facility which began operation after 

2017. Ohio set 2023 emissions to the 

most recent available (2021). 

Ohio also considered the potential 

impact that the proposed Transport 

Federal Implementation Plan (FIP) 18

would have on EGUs in 2023. Ohio 

determined that the only operating EGU 

in the Cleveland nonattainment area 

that would be subject to the FIP is the 

West Lorain Plant (Facility ID 

0247080487). Ohio’s assessment of West 

Lorain’s recent operations is that 

minimal changes in NOX emissions are 

anticipated as a result of the FIP. 

Finally, Ohio considered the impact of 

recent revisions to the NOX RACT rules 

in the Cleveland nonattainment area, 

which removed the exemption for 

EGUs. Ohio has determined that the 

RACT revisions will have little to no 

impact on EGU emissions in the 

Cleveland area. 

Ohio projected 2023 emissions for 

non-EGUs by determining the annual 

rate of rate of change from the 2016v2 

platform between 2016 and 2023 (by 

facility) and applying that annual rate of 

change to the 2017 emissions. Ohio 

reviewed the 2016v2 platform Technical 

Support Document to evaluate the 

methodology used to project 2023 from 

2016 and determined it is still 

appropriate for projections from 2017. 

Ohio further evaluated the specific 

projection factors for each of the NAICS 

categories that comprise 80% of the 

2023 projected NOX and VOC emissions 

in the nonattainment area, along with 

the resultant emission projections for 

each facility in those NAICS categories. 

Ohio does not have any information to 

suggest that the 2016v2 projection 

methodology is not appropriate for these 

sources in Ohio except where the 

emissions were adjusted as described 

below. Ohio also searched for any new 

non-EGUs with reported emissions after 

2017 and reviewed recent permitting 

actions for any Title V or synthetic 

minor facilities that have been 

permitted but have not yet begun 

reporting emissions. 

Ohio made the following adjustments 

to the non-EGU inventory. 

• Ohio set 2023 emissions for several 

sources to zero due to the permanent 

shut down of the facility or individual 

units after 2017. 

• Ohio added new facilities which 

began operation after 2017 to the 

inventory and set 2023 projected 

emissions to the most recently available 

emissions (2021). 

• An annual rate of change from the 

2016v2 platform was not available for 

two sources, so Ohio used the most 

recently available emissions estimates 

(2021). 

• Facilities which did not report 

emissions or reported zero emissions in 

2017 but reported emissions since 2017 

were added to the inventory. In some 

cases, the facility may have been idled 

and later resumed operation. In other 

cases, the facility may have been 

operating but was not required to report 

detailed emissions (including smaller 

sources such as those without a title V 

permit). In those cases, the exact base 

year (2017) emissions are unknown, and 

Ohio assumed them to be to be zero for 

conservatism. Ohio set 2023 projected 

emissions to most recently available 

emissions (2021). 

• Emissions for two additional 

facilities were adjusted. For the Medical 

Center Company (Facility ID 

1318003059), coal-fired boilers B003 

and B004 were permanently shut down 

in 2017. Therefore, the 2016v2 

projection factors which are based on 

coal use are not appropriate for 

projection from 2017. Ohio conducted a 

review of recent emissions and set 2023 

emissions to most recently available 

emissions (2021). For Automated 

Packaging Systems (Facility ID 

1667080055), VOC controls were 

updated in 2019. Ohio conducted a 

review of recent emissions and set 2023 

emissions to most recently available 

emissions (2021). 

Ohio considered the impact of recent 

revisions to the NOX RACT rules in the 

Cleveland nonattainment area. Because 

NOX RACT has been in place in the 

Cleveland nonattainment area for many 

years and the recent rule revisions are 

expected to yield only minor emissions 

reductions, Ohio is not adjusting 2023 

emissions to account for the recent rule 

revisions. As any changes would be a 

decrease in emissions, not quantifying 


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19 40 CFR parts 59, 80, 85, 86, and 600. 

them in this inventory results in a 

conservative estimate of future year 

emissions. 

Ohio collected 2023 projected 

emissions for nonpoint sources from the 

2023fj projection of the 2016v2 

emissions modeling platform. These 

files provided annual data which Ohio 

converted to ozone season day 

emissions using the conversion factors 

described in section II.A.2. of this 

preamble. Ohio determined it is 

appropriate to use the 2023 projections 

from the 2016v2 emissions modeling 

platform for the nonpoint sector because 

emissions for most portions of the 

nonpoint sector started with 2017 NEI 

emissions and were adjusted 

(backcasted) to better represent the year 

2016. Therefore, the foundation of the 

2023 projections in the 2016v2 

inventory is 2017 data and it is 

appropriate for use in this inventory. 

There are two exceptions to the 2017 

foundation for the nonpoint sector of 

the 2016v2 platform: solvents and rail. 

As discussed in Ohio’s submittal, Ohio 

has examined the base year emissions 

and projections for these categories and 

determined that using the 2016v2-based 

2023 projections is reasonable and 

conservative. 

Ohio calculated 2023 projected 

emissions for nonroad sources by 

determining the annual rate of change 

from the 2016v2 platform between 2016 

and 2023 and applying that annual rate 

of change to the 2017 emissions. Ohio 

determined it was appropriate to apply 

the annual rate of change determined 

from the 2016v2 platform because the 

nonroad emissions in the Cleveland 

nonattainment area in the 2016v2 and 

2017gb inventories are very similar and 

the methodology used to project 2023 

from 2016 would still be appropriate for 

projections from 2017. 

2023 onroad emissions were 

developed by the NOACA, AMATS, and 

ODOT, in consultation with Ohio EPA 

and EPA, from emission factors 

produced by MOVES3 and data 

produced by the region’s updated traveldemand model. 

Biogenic emissions are not included 

in the RFP inventory in accordance with 

EPA’s ‘‘May 2017 Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter National 

Ambient Air Quality Standards 

(NAAQS) and Regional Haze 

Regulations.’’ 

2023 ozone season day emissions of 

NOX and VOCs for each county by 

sector are shown in tables 3 and 4, 

below. 

TABLE 3—CLEVELAND NOX EMISSIONS FOR 2023 

[tpd] 

County EGU Non-EGU Nonpoint Onroad Nonroad Total 

Cuyahoga ......................................................................... 0.00 7.03 6.80 13.96 8.58 36.37 

Geauga ............................................................................ 0.00 0.02 0.27 1.25 1.24 2.78 

Lake ................................................................................. 0.05 1.94 2.59 2.54 3.08 10.20 

Lorain ............................................................................... 0.62 1.03 2.64 3.12 2.94 10.35 

Medina ............................................................................. 0.01 0.24 0.90 2.47 1.38 5.00 

Portage ............................................................................. 0.00 0.30 1.73 1.80 1.70 5.53 

Summit ............................................................................. 0.02 0.71 2.53 5.92 2.89 12.07 

Total .......................................................................... 0.69 11.26 17.47 31.06 21.81 82.29 

TABLE 4—CLEVELAND VOC EMISSIONS FOR 2023 

[tpd] 

County EGU Non-EGU Nonpoint Onroad Nonroad Total 

Cuyahoga ......................................................................... 0.00 3.30 41.11 8.12 10.13 62.66 

Geauga ............................................................................ 0.00 0.12 3.75 0.73 1.99 6.59 

Lake ................................................................................. 0.00 0.97 8.49 1.60 2.94 14.00 

Lorain ............................................................................... 0.11 0.82 8.89 2.01 3.21 15.04 

Medina ............................................................................. 0.00 0.43 7.48 1.54 1.56 11.01 

Portage ............................................................................. 0.00 1.29 7.02 1.39 3.56 13.26 

Summit ............................................................................. 0.03 0.89 18.37 4.28 4.03 27.60 

Total .......................................................................... 0.14 7.81 95.12 19.67 27.42 150.16 

15% RFP Demonstration 

Ohio demonstrated that the Cleveland 

area has achieved 15% RFP over the 6- 

year attainment planning period entirely 

through NOX and/or VOC emissions 

reductions in the onroad sector 

attributable to EPA’s existing Federal 

regulations for onroad mobile sources. 

EPA mobile source regulations currently 

being implemented across the country 

include: passenger vehicle, SUV, and 

light duty truck emissions and fuel 

standards; light-duty truck and mediumduty passenger vehicle evaporative 

standards; heavy-duty highway 

compression engine standards; heavyduty spark ignition engine standards; 

motorcycle emission standards; Mobile 

Source Air Toxics fuel formulation 

standards, passenger vehicle emission 

standards, and portable container 

emission standards.19 The emission 

reductions due to implementation of 

these Federal rules within the Cleveland 

Moderate nonattainment area are 

reflected in future emission projections 

with EPA’s MOVES3 model. Ohio 

projected mobile source activity to the 

RFP forecast year 2023. This analysis 

demonstrated a decrease in ozone 

precursor emissions from 2017 to 2023. 

The estimated emissions reductions are 

therefore not due to reductions in 

source activity, but to the 

implementation of control measures. 

These Federal control measures are 

permanent and enforceable and are 

implemented in the nonattainment area. 


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20 88 FR 43440, July 10, 2023. 

Table 5 shows the calculations Ohio 

used to determine that onroad mobile 

source emissions reductions meet the 

15% RFP requirement. 

TABLE 5—15% RFP CALCULATIONS

[tpd] 

Description Formula VOC NOX

A. 2017 base year inventory ............................................................................................ ........................... 188.27 ............... 106.38. 

B. RFP reductions totaling 15% (VOC% + NOX% = 15) ................................................. ........................... 3% ..................... 12%. 

C. RFP emissions reductions required between 2017 & 2023 ........................................ A*B .................... 5.65 ................... 12.77. 

D. RFP Target Level for 2023 .......................................................................................... A–C ................... 182.62 ............... 93.61. 

E. Reductions between 2017 and 2023 Federal onroad regulations .............................. ........................... 10.26 ................. 19.16. 

F. Adjustments to reductions Safety margin (Allocated to mobile source budget) .......... ........................... 2.95 ................... 4.66. 

G. Creditable reduction ..................................................................................................... E–F .................... 7.31 ................... 14.50. 

H. Compare creditable reductions to RFP reduction requirements to determine if at 

least 15% reduction is achieved.

G>C ................... Yes .................... Yes. 

I. 2023 Projected Emissions ............................................................................................. ........................... 150.16 ............... 82.29. 

N. Compare RFP target with 2017 projected emissions to determine if RFP requirements are met.I>D? ................... Yes .................... Yes. 

Ohio has documented other measures 

that could have been used in the RFP 

plan but is relying exclusively on 

emissions reductions in the onroad 

sector attributable to Federal onroad 

programs to demonstrate 15% RFP. 

While Ohio is not relying on the 

following emission reductions to 

demonstrate RFP, they add to the weight 

of evidence confirming that the RFP 

requirement has been met. 

• Emission reductions of 6.39 tpd of 

VOC and 3.48 tpd NOX were calculated 

in the nonroad sector. While reductions 

in the nonroad sector are likely due to 

Federal control programs, they cannot 

be readily linked to specific control 

measures due to the methodology used 

to develop the 2023 projections. 

• Emission reductions of 0.53 tpd of 

VOC and 3.12 tpd of NOX can be 

attributed to the permanent shutdown of 

various point sources. Ohio has not 

included these source shutdowns in the 

RFP demonstration to reserve these 

emissions reductions for future use as 

offsets or for other needs. 

• A reduction of up to 2.72 tpd of 

VOC emissions in the Cleveland area is 

estimated to result from strengthening 

the Consumer Products rules in OAC 

Chapter 3745–112. This rule was 

approved into the SIP effective August 

9, 2023.20 Ohio did not rely on these 

reductions for the RFP demonstration as 

they are difficult to accurately quantify. 

3. Evaluation of Ohio’s 15% RFP Plan 

EPA has reviewed Ohio’s 15% RFP 

plan for consistency with sections 

172(c)(2) and 182(b)(1) of the CAA and 

40 CFR 51.1310. The selection of 2017 

as the base year comports with the RFP 

baseline year requirements set forth in 

the SIP Requirements Rule and codified 

at 40 CFR 51.1310(b). EPA has reviewed 

the techniques used by Ohio to derive 

and quality assure the 2017 and 2023 

emission estimates. Ohio documented 

the procedures used to estimate the 

emissions for each of the major source 

types. The documentation of the 

emission estimation procedures is 

thorough and adequate to determine 

that Ohio followed acceptable 

procedures to estimate the emissions. 

Ohio has demonstrated that emission 

reductions attributable to Federal 

onroad regulations are permanent and 

enforceable and will result in at least 

15% RFP in the Cleveland area over the 

6-year attainment planning period 

beginning with the 2017 base year. 

Thus, EPA is proposing to approve 

Ohio’s 15% RFP plan for the Cleveland 

area for the 2015 ozone NAAQS. 

C. Motor Vehicle Emission Budgets 

1. Background 

Under section 176(c) of the CAA, 

transportation plans, programs, or 

projects that receive Federal funding or 

support, such as the construction of new 

highways, must ‘‘conform’’ to (i.e., be 

consistent with) the SIP before they 

receive Federal funding or approval. 

Conformity to the SIP means that 

transportation activities will not cause 

or contribute to any new air quality 

violations, increase the frequency or 

severity of any existing air quality 

problems, or delay timely attainment or 

any required interim emissions 

reductions or any other milestones. 

Regulations at 40 CFR part 93 subpart A 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

ensuring conformity of transportation 

activities to a SIP. 

Transportation conformity is a 

requirement for nonattainment and 

maintenance areas, as defined in 40 CFR 

93.101. The budget in a State’s SIP 

serves as a ceiling on emissions from an 

area’s planned transportation system 

(see definition of ‘‘motor vehicle 

emissions budget’’ in 40 CFR 93.101 and 

how the term is used in 40 CFR 93.109 

and 93.118). 

When reviewing submitted SIPs 

containing budgets, EPA reviews the 

budgets for adequacy. Once EPA 

affirmatively finds the submitted budget 

is adequate for transportation 

conformity purposes, that budget must 

be used by State and Federal agencies in 

determining whether proposed 

transportation projects conform to the 

SIP as required by section 176(c) of the 

CAA. 

EPA’s substantive criteria for 

determining adequacy of a budget are 

set out in 40 CFR 93.118(e)(4). The 

process for determining adequacy is 

found in 40 CFR 93.118(f) and consists 

of three basic steps: public notification 

of a SIP submission, a public comment 

period, and EPA’s adequacy finding. 

The regulations that allow EPA to begin 

an adequacy review through an NPRM 

in the Federal Register are found in 40 

CFR 93.118(f)(2). This proposal notifies 

the public that EPA has received a SIP 

submission with budgets that EPA will 

review for adequacy and begins the 

public comment period. Comments 

must be submitted to the docket for this 

proposal by the close of the comment 

period on this proposal. 

2. VOC and NOX Budgets for the 

Cleveland Area 

The RFP plan includes VOC and NOX

budgets for the Cleveland area for 2023, 

the milestone year for RFP. EPA invites 

the public to comment on the adequacy 

of these budgets as well as on its 

proposed approval of the budgets and 

on other actions EPA is proposing in 

this action. 


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21For more information, see Overview of Vehicle 

Inspection and Maintenance (I/M) Programs (EPA– 

420–F–21–067, October 2021) at https://

nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=

P1013CC0.pdf. 

As discussed in sections II.A.2. and 

II.B.2. of this preamble, NOACA, 

AMATS and ODOT, in consultation 

with Ohio EPA and EPA, prepared 

motor vehicle emissions inventories for 

2017 and 2023 for the purpose of setting 

budgets for the year 2023. These 

inventories were developed using up-todate assumptions about vehicles mile 

traveled (VMT), socioeconomic 

variables, fuels used, weather inputs, 

other planning assumptions, and the 

latest approved motor vehicle emissions 

model at the time Ohio began to prepare 

the SIP submission, which was 

MOVES3. Total onroad emissions in the 

Cleveland area are shown in table 7. 

TABLE 7—TOTAL ONROAD EMISSIONS IN THE CLEVELAND AREA

2017 2023 

NOX (tpd) ......................................................................................................................................................... 50.22 31.06 

VOC (tpd) ......................................................................................................................................................... 29.93 19.67 

VMT (miles/year) ............................................................................................................................................. 24,189,140,727 25,427,478,685 

Table 8 identifies Ohio’s 2023 

budgets. The budgets, agreed upon as 

part of the interagency consultation 

process, include the emission estimates 

calculated for 2023 with an additional 

15% safety margin allocated to those 

estimates to accommodate future 

variations in travel demand models and 

VMT forecast. A State can add a safety 

margin to a budget based on the 

transportation conformity regulation at 

40 CFR 93.124(a). 

TABLE 8—BUDGETS FOR THE CLEVELAND OH 2015 OZONE NONATTAINMENT AREA

[tpd] 

2023 estimated 

emissions 

2023 mobile 

safety 

margin allocation 

2023 total 

mobile budget 

NOX (tpd) ................................................................................................................... 31.06 4.66 35.71 

VOC (tpd) ................................................................................................................... 19.67 2.95 22.62 

3. Evaluation of the VOC and NOX

Budgets for the Cleveland Area 

The VOC and NOX budgets for the 

Cleveland area were developed as part 

of an interagency consultation process 

which includes Federal, State, and local 

agencies. The budgets were clearly 

identified and precisely quantified. 

Ohio has demonstrated that the 

Cleveland area can meet the 15% RFP 

requirement with mobile source 

emissions of 35.71 tpd of NOx and 22.62 

tpd of VOC in 2023 because, as shown 

in Table 6, despite partial allocation of 

the RFP plan surplus reductions, 

emissions will remain under 2023 RFP 

target levels. EPA is thus proposing to 

approve the 2023 VOC and NOX budgets 

for use in determining transportation 

conformity in the Cleveland area under 

the 2015 ozone NAAQS. 

D. Motor Vehicle Inspection and 

Maintenance (I/M) Program 

1. Background 

CAA section 182(b)(4) requires States 

with ozone nonattainment areas 

classified as Moderate to implement a 

Basic motor vehicle I/M program. The 

goal of I/M programs is to identify and 

repair high-emitting vehicles to improve 

air quality in areas that are not attaining 

the NAAQS.21 The CAA generally 

requires I/M programs for areas across 

the country that meet certain criteria, 

such as air quality status, population, 

and/or geographic location. The CAA 

also directed EPA to establish minimum 

performance standards for Basic and 

Enhanced I/M programs. States have 

flexibility to design their own programs 

if they can show that their program is 

as effective as the model program used 

in the respective performance standard. 

EPA’s requirements for Basic and 

Enhanced I/M programs are found in 40 

CFR part 51, subpart S. 

The Cleveland area was required to 

adopt a Basic I/M program under the 1- 

hour ozone NAAQS. EPA fully 

approved Ohio’s I/M program on April 

4, 1995, 60 FR 16989, and approved 

revisions to the program on January 6, 

1997, 62 FR 646. 

2. Ohio’s I/M Certification 

Consistent with the I/M regulations, a 

State with an existing I/M program 

would need to conduct and submit a 

performance standard modeling analysis 

as well as make any necessary program 

revisions as part of their Moderate area 

SIP submission to ensure that their I/M 

program is operating at or above the 

Basic I/M performance standard level 

for the 2015 ozone NAAQS. When 

certifying that an existing I/M program 

meets applicable I/M requirements for a 

new NAAQS, it is necessary that the 

State ensures that an I/M program 

reflects the I/M rule’s required elements 

for a Basic or Enhanced I/M program 

and the applicable classification for the 

new ozone NAAQS. If an I/M program 

for a previous NAAQS contains the 

required elements for a new NAAQS 

(e.g., such as onroad mobile source 

testing for an Enhanced I/M program), 

then the State may determine through 

the performance standard modeling 

analysis that an existing SIP-approved 

program would meet the applicable 

performance standard for purposes of 

the 2015 ozone NAAQS without 

modification. 

Ohio EPA is certifying that the 

existing SIP-approved I/M program 

meets the Basic I/M program 

requirements of CAA section 182(b)(4) 

for the Cleveland Moderate 

nonattainment area under the 2015 

ozone NAAQS. The requirements for 

Ohio’s I/M program are found in Ohio 

Administrative Code 3745–26 I/M 

Program Rules and Regulations. Ohio’s 

I/M program requires on-board 

diagnostic testing of gasoline-fueled and 

diesel-fueled motor vehicles up to 

10,000 pounds gross vehicle weight 

rating (GVWR) that are between four 

and 25 model years (MY) old. The I/M 

program also implements an emissions 

control device inspection through visual 

inspection for the presence of catalytic 


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22https://nepis.epa.gov/Exe/ZyPDF.

cgi?Dockey=P1015S5C.pdf 

23October 2022 Performance Standard Modeling 

Guidance, p. 10. 

24 Ibid. 

converter(s) and other major emissions 

control equipment. 

In addition, Ohio EPA submitted an I/ 

M performance standard modeling 

analysis demonstrating that Ohio’s 

current motor vehicle I/M program 

exceeds the level of EPA’s Enhanced 

performance standard for areas 

designated and classified under the 8- 

hour ozone standard, as specified in 40 

CFR 51.351(i). Ohio conducted the 

modeling analysis using EPA’s mobile 

source emissions model, MOVES3.0.2, 

which was the latest model version at 

the time the analysis was started. This 

modeling was conducted for analysis 

year 2023 in accordance with EPA’s 

technical guidance: ‘‘Performance 

Standard Modeling for New and 

Existing Vehicle Inspection and 

Maintenance (I/M) Programs Using the 

MOVES Mobile Source Emissions 

Model’’, EPA–420–B–22–034, October 

2022,22 (October 2022 Performance 

Standard Modeling Guidance). The 

performance standard modeling analysis 

involves a comparison of emission 

reductions from EPA’s model program 

specified in 40 CFR 51.351(i) and Ohio’s 

actual program in the seven counties of 

Cuyahoga, Geauga, Lake, Lorain, 

Medina, Portage, and Summit. In all 

cases, the analysis shows that the 

emission reductions from Ohio’s actual 

I/M program exceed the emission 

reductions modeled for the benchmark 

program of both the Basic and Enhanced 

I/M performance standards. 

3. Evaluation of Ohio’s I/M Certification 

As a Moderate area for the 2015 ozone 

NAAQS, Cleveland is only required to 

implement a Basic I/M program. 

However, the Cleveland area continues 

to implement the Enhanced I/M 

program adopted into the area’s SIP 

under the 1-hour ozone NAAQS. EPA’s 

October 2022 Performance Modeling 

Guidance addresses the situation where 

a State may need to demonstrate that an 

area’s current Enhanced I/M program 

satisfies the Basic I/M SIP requirement. 

‘‘[I]t is reasonable to presume that if an 

I/M program meets the Enhanced 

performance standard, then it would 

also meet the Basic performance 

standard so long as the analysis years 

are appropriate for the two 8-hour ozone 

standards in question.’’ 23 The guidance 

goes on to identify the attainment date 

as the appropriate analysis year for areas 

that have been reclassified.24

Cleveland’s Moderate attainment date 

is August 3, 2024. However, because 

that date falls in the middle of the ozone 

season, 2023 is the year that will be 

used to determine whether the area 

achieves attainment by the attainment 

date. Therefore, Ohio appropriately 

chose 2023 as the analysis year to be 

consistent with the year in which 

attainment would be determined. 

To demonstrate that an I/M program 

meets the Enhanced performance 

standard, the actual I/M program must 

achieve the same or lower emissions 

levels of NOX and VOCs as the Federal 

model Enhanced program to within 0.02 

gpm. 

TABLE 9—SUMMARY OF I/M PERFORMANCE STANDARD EVALUATION FOR THE CLEVELAND 2015 OZONE NONATTAINMENT

AREA

Pollutant 

OH I/M program 

VOC emission 

rate 

I/M VOC 

performance 

standard 

benchmark 

I/M VOC 

performance 

standard 

benchmark plus 

buffer 

Does existing 

program 

meet I/M 

performance 

standard? 

VOC ............................................................................................ 0.2442 0.2444 0.2644 Yes. 

NOX ............................................................................................. 0.1502 0.1504 0.1704 Yes. 

As shown in table 9, the emission 

reductions from Ohio’s actual I/M 

program shows Ohio’s program 

performs better than the Enhanced 

performance standard of 40 CFR 

51.351(i). Ohio conducted the 

performance modeling analysis using 

the most recent version of EPA’s mobile 

source emissions model, MOVES3.0.2, 

in accordance with EPA’s October 2022 

Performance Modeling Guidance. 

Therefore, since Ohio’s current I/M 

program meets the applicable I/M 

performance requirements in all areas in 

which the program is implemented and 

also meets the Basic I/M requirements of 

CAA section 182(b)(4), we are proposing 

to approve Ohio’s I/M program SIP 

element for the Cleveland Moderate 

nonattainment area under the 2015 

ozone NAAQS. 

E. NNSR Review 

1. Background 

NNSR is a preconstruction review 

permit program that applies to new 

major stationary sources or major 

modifications at existing sources within 

a nonattainment area and is required 

under CAA sections 172(c)(5) and 173. 

NNSR permit program requirements 

were adopted for the 2015 ozone 

NAAQS at 40 CFR 51.1314 as part of the 

2015 SIP Requirements Rule. The 

minimum SIP requirements for NNSR 

permitting programs for the 2015 ozone 

NAAQS are contained in 40 CFR 51.165. 

The SIP for each ozone nonattainment 

area must contain NNSR provisions 

that: (1) set major source thresholds for 

NOX and VOC pursuant to 40 CFR 

51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2); (2) 

classify physical changes as a major 

source if the change would constitute a 

major source by itself pursuant to 40 

CFR 51.165(a)(1)(iv)(A)(3); (3) consider 

any significant net emissions increase of 

NOX as a significant net emissions 

increase for ozone pursuant to 40 CFR 

51.165(a)(1)(v)(E); (4) consider any 

increase of VOC emissions in Extreme 

ozone nonattainment areas as a 

significant net emissions increase and a 

major modification for ozone pursuant 

to 40 CFR 51.165(a)(1)(v)(F); (5) set 

significant emissions rates for VOC and 

NOX as ozone precursors pursuant to 40 

CFR 51.165(a)(1)(x)(A)–(C) and (E); (6) 

contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1)–(2); (7) provide 

that the requirements applicable to VOC 

also apply to NOX pursuant to 40 CFR 

51.165(a)(8); (8) set offset ratios for VOC 

and NOX pursuant to 40 CFR 

51.165(a)(9)(ii)–(iv); and (9) require 

public participation procedures 

compliant with 40 CFR 51.165(i). 

2. Ohio’s NNSR Certification 

Ohio EPA is certifying that the 

existing NNSR program meets the NNSR 

requirements of CAA section 


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25 67 FR 80186 (December 31, 2002). 

26Ohio’s rule does not fully address the NOx 

waiver provision; however, it is not applicable to 

this action as the Cleveland area does not have a 

NOX waiver. 

27https://www.epa.gov/sites/default/files/2017- 

09/documents/2017_ejscreen_technical_

document.pdf. 

182(a)(2)(C) and (b)(5) for the Cleveland 

area under the 2015 ozone NAAQS. 

Ohio has a longstanding and fully 

implemented NNSR program. This is 

addressed in OAC Chapter 3745–31. 

The Chapter includes provisions for the 

Prevention of Significant Deterioration 

(PSD) permitting program in OAC rules 

3745–31–01 to 3745–31–20 and NNSR 

program in rules 3745–31–21 to 3745– 

31–27. Ohio’s PSD program was 

conditionally approved on October 10, 

2001, 66 FR 51570, and received final 

approval on January 22, 2003, 68 FR 

2909. Ohio’s NNSR program was 

granted limited approval on September 

8, 1993, 58 FR 47211, and received final 

approval on January 10, 2003, 68 FR 

1366. On February 25, 2010, 75 FR 

8496, EPA approved revisions to Ohio’s 

PSD and NNSR rules which were 

adopted to implement revisions to the 

Federal PSD and NNSR regulations in 

40 CFR parts 51 and 52, which became 

effective on March 3, 2003,25 commonly 

referred to as ‘‘NSR Reform’’ 

regulations. 

Additionally, Ohio is certifying that 

the emission offset ratios established in 

OAC rule 3745–31–26 are consistent 

with the emission offset ratio 

requirements established in the CAA 

based on ozone nonattainment 

classifications. Specifically, Ohio rule 

3745–31–26 establishes an offset ratio of 

1.15 to 1 for moderate areas, as required 

by CAA section 182(b)(5). 

3. Evaluation of Ohio’s NNSR 

Certification 

Table 10 below provides the sections 

of Ohio’s NNSR rule corresponding to 

the relevant requirements at 40 CFR 

51.165. Each requirement identified in 

Ohio’s certification has not been revised 

since EPA last approved it. Table 9 lists 

the specific provisions of Ohio’s NNSR 

rules that address the required elements 

of the Federal NNSR rules: 

TABLE 10—NNSR SIP RULES COMPARISON

Federal rule Ohio rule 

40 CFR 51.165(a)(1)(iv)(A)(1)(i)–(iv) ........................................................ R. 3745–31–01(M)(5)(a)(i), (ii), (iii), (iv). 

40 CFR 51.165(a)(1)(iv)(A)(2)(i)–(vi) ........................................................ 3745–31–01(M)(5)(a) and (c). 

40 CFR 51.165(a)(1)(iv)(A)(3) .................................................................. R. 3745–31–01(M)(5)(e). 

40 CFR 51.165 (a)(1)(iv)(B) ..................................................................... R. 3745–31–01(M)(5)(c). 

40 CFR 51.165(a)(1)(v)(B) ....................................................................... R. 3745–31–01(M)(3)(b). 

40 CFR 51.165 (a)(1)(v)(E) ...................................................................... R. 3745–31–01(M)(3)(b). 

40 CFR 51.165(a)(1)(v)(F) ....................................................................... N/A. 

40 CFR 51.165(a)(1)(x)(A) ....................................................................... R. 3745–31–01(S)(5). 

40 CFR 51.165(a)(1)(x)(B) ....................................................................... N/A (applicable to areas classified as Serious or Severe). 

40 CFR 51.165(a)(1)(x)(C) ....................................................................... R. 3745–31–01(S)(5) (only for 40 tpy threshold, which addresses areas 

classified as moderate). 

40 CFR 51.165(a)(1)(x)(E) ....................................................................... N/A (applicable to areas classified as extreme). 

40 CFR 51.165 (a)(1)(xxxvii)(C)(1) .......................................................... R. 3745–31–01(R)(5)(a)(iii)(a). 

40 CFR 51.165(a)(3)(ii)(C)(1)(i)–(ii) .......................................................... R. 3745–31–24(F)(1)(a), (b). 

40 CFR 51.165(a)(3)(ii)(C)(2)(i)–(ii) .......................................................... R. 3745–31–24(F)(2). 

40 CFR 51.165(a)(8) 26 ............................................................................. R. 3745–31–01(M)(5)(a), (c) 

R. 3745–31–01(S)(5). 

40 CFR 51.165(a)(9)(ii)(A)–(E) ................................................................. R. 3745–31–26(C)(2), (3), (4), (5), (6). 

40 CFR 51.165(a)(9)(iii) ........................................................................... N/A. 

40 CFR 51.165(a)(9)(iv) ........................................................................... R. 3745–31–26(C)(1). 

40 CFR 51.165(a)(12) .............................................................................. N/A (Ohio has no nonattainment areas for the 2008 ozone NAAQS). 

EPA has reviewed Ohio’s approved 

NNSR rules and is proposing to approve 

Ohio’s certification submittal because 

we find that the current SIP-approved 

NNSR program satisfies all the NNSR 

program requirements currently 

applicable to the Cleveland area for the 

2015 ozone NAAQS. 

III. Environmental Justice 

Considerations 

Ohio used EPA’s environmental 

justice (EJ) screening and mapping tool, 

EJScreen, to identify areas in the 

Cleveland nonattainment area with 

potentially overburdened communities 

and assess whether the Cleveland 

attainment plan would exacerbate 

existing pollution exposure or burdens 

for those communities. Because ozone is 

a regional pollutant, Ohio EPA screened 

the Cleveland area at two levels. Ohio 

EPA first screened each of the seven 

counties in the nonattainment area to 

identify potentially overburdened 

communities. Then Ohio screened and 

reviewed data for a 5-kilometer radius 

around the two violating ozone 

monitors, Eastlake monitor (39–085– 

003) in Lake County and District 6 

monitor (39–035–0034) in Cuyahoga 

County. 

Consistent with EPA’s September 

2019 EJScreen Technical 

Documentation,27 Ohio EPA is using the 

criterion of one or more EJ indexes at or 

above the 80th percentile nationally to 

screen for potentially overburdened 

communities. The countywide 

screenings showed no EJ indexes above 

the 80th percentile in Geauga, Medina, 

and Lake Counties; one EJ index above 

the 80th percentile in Loraine, Portage, 

and Summit Counties (EJ Index for 

Wastewater Discharge), and two EJ 

indexes above the 80th percentile in 

Cuyahoga County (EJ Indexes for 

Wastewater Discharge and Hazardous 

Waste Proximity). The results of the 

evaluation of the areas in a 5-kilometer 

radius around the two violating 

monitors helped to identify a potentially 

overburdened community on a more 

local scale. While the radius around the 

Eastlake monitor did not show any 

indicators of being in a potentially 

overburdened area, the area around the 

second monitor, District 6, did. The EJ 

screening of the area around District 6 

showed the area to be in the 71st or 

higher percentile in every EJ index 

category, with seven EJ indexes above 

the 80th percentile. The area also ranks 

above the national average in every 

socioeconomic indicator. 


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While Ohio’s screening process 

identified potentially overburdened 

communities in the Cleveland 

nonattainment area, ozone is a regional 

pollutant. Elevated levels of ambient 

ozone are the result of secondary urban 

scale atmospheric formation involving 

emissions from ubiquitous sources of 

ozone precursors (VOC and NOX) 

including motor vehicles, large and 

small industrial processes, and 

consumer products which result in 

more regional scale impacts further 

down wind. Therefore, Ohio has worked 

to develop ozone-related control 

strategies that most effectively reduce 

emissions that contribute to elevated 

ozone levels. Reducing ozone levels will 

protect all segments of the general 

population, including the health of the 

identified potentially overburdened 

communities. Ohio identified one 

attainment plan element that may be of 

additional benefit locally: Ohio’s 

recently strengthened NOX RACT rules 

(which will be addressed in a separate 

rulemaking action). Several emission 

sources upwind of the potentially 

overburdened community around the 

District 6 monitor will be subject to 

these rules and be required to comply 

with more stringent NOX limits or to 

submit a study to establish a RACT level 

of controls at the facility. In addition, 

Ohio EPA has worked to identify and 

reach out to community organizations in 

potentially overburdened communities 

in the Cleveland nonattainment area. 

As explained in the ‘‘EJ Legal Tools to 

Advance Environmental Justice’’ 2022 

document, the CAA provides States 

with the discretion to consider EJ in 

developing rules and measures related 

to ozone attainment planning. In this 

instance, Ohio EPA exercised this 

discretion, as is described above in 

summary. In reviewing Ohio EPA’s 

analysis, EPA defers to the Ohio EPA’s 

reasonable exercise of its discretion in 

considering EJ in this way. EPA is 

taking proposed action to approve the 

SIP revision because we find that it 

meets the applicable requirements 

pursuant to the CAA and relevant 

implementing regulations. EPA also 

finds that Ohio EPA’s consideration of 

EJ analyses in this context is reasonable. 

EPA encourages air agencies generally 

to evaluate EJ considerations of their 

actions and carefully consider impacts 

to communities. The EJ analyses 

submitted by the air agency were 

considered but were not the basis for 

EPA’s decision making and the SIP met 

the minimum applicable requirements, 

as explained above. 

IV. Proposed Action 

EPA is proposing to approve revisions 

to Ohio’s SIP pursuant to section 110 

and part D of the CAA and EPA’s 

regulations, because Ohio’s December 

21, 2022, attainment plan submission 

satisfies the base year emissions 

inventory, the RFP demonstration 

including associated motor vehicle 

emissions budgets, I/M, and NNSR 

requirements of the CAA for the 

Cleveland area for the 2015 ozone 

NAAQS. EPA is also initiating the 

adequacy process for the 2023 motor 

vehicle emissions budgets for the 

Cleveland area included in this SIP 

submission. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993), and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with EJ 

concerns to the greatest extent 

practicable and permitted by law. 

Executive Order 14096 (Revitalizing Our 

Nation’s Commitment to Environmental 

Justice for All, 88 FR 25251, April 26, 

2023) builds on and supplements E.O. 

12898 and defines EJ as, among other 

things, the just treatment and 

meaningful involvement of all people, 

regardless of income, race, color, 

national origin, Tribal affiliation, or 

disability in agency decision-making 

and other Federal activities that affect 

human health and the environment. 

The Ohio EPA evaluated EJ 

considerations as part of its SIP 

submittal given that the CAA and 

applicable implementing regulations 

neither prohibit nor require an 

evaluation. EPA’s evaluation of the Ohio 

EPA’s EJ considerations is described in 

section III of this preamble titled, 

‘‘Environmental Justice 

Considerations.’’ The analysis was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, not as a basis 

of the action. EPA is taking action under 

the CAA on bases independent of the 

Ohio EPA’s evaluation of EJ. Due to the 

nature of the action being taken here, 

this action is expected to have a neutral 

to positive impact on the air quality of 

the affected area. In addition, there is no 

information in the record upon which 

this decision is based that is 

inconsistent with the stated goal of E.O. 

12898/14096 of achieving EJ for 

communities with EJ concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 


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1EPA provided guidance on redesignations in the 

General Preamble for the Implementation of title I 

of the CAA Amendments of 1990 on April 16, 1992 

(see 57 FR 13498) and supplemented that guidance 

on April 28, 1992 (see 57 FR 18070). EPA has 

provided further guidance on processing 

redesignation requests in the following documents: 

1. ‘‘Ozone and Carbon Monoxide Design Value 

Calculations,’’ Memorandum from Bill Laxton, 

Director, Technical Support Division, June 18, 

1990; 2. ‘‘Maintenance Plans for Redesignation of 

Ozone and Carbon Monoxide Nonattainment 

Areas,’’ Memorandum from G.T. Helms, Chief, 

Ozone/Carbon Monoxide Programs Branch, April 

30, 1992; 3. ‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) Redesignations,’’ 

Memorandum from G.T. Helms, Chief, Ozone/ 

Carbon Monoxide Programs Branch, June 1, 1992; 

4. ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air Quality 

Management Division, September 4, 1992 

(hereinafter referred to as the ‘‘Calcagni 

Memorandum’’); 5. ‘‘State Implementation Plan 

(SIP) Actions Submitted in Response to Clean Air 

Act (CAA) Deadlines,’’ Memorandum from John 

Calcagni, Director, Air Quality Management 

Division, October 28, 1992; 6. ‘‘Technical Support 

Documents (TSDs) for Redesignation of Ozone and 

Carbon Monoxide (CO) Nonattainment Areas,’’ 

Memorandum from G.T. Helms, Chief, Ozone/ 

Carbon Monoxide Programs Branch, August 17, 

1993; 7. ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting Requests for 

Redesignation to Attainment of the Ozone and 

Carbon Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) On or After November 

15, 1992,’’ Memorandum from Michael H. Shapiro, 

Acting Assistant Administrator for Air and 

Radiation, September 17, 1993 (hereinafter referred 

to as the ‘‘Shapiro Memorandum’’); 8. ‘‘Use of 

Actual Emissions in Maintenance Demonstrations 

for Ozone and CO Nonattainment Areas,’’ 

Memorandum from D. Kent Berry, Acting Director, 

Air Quality Management Division, November 30, 

1993; 9. ‘‘Part D New Source Review (Part D NSR) 

Requirements for Areas Requesting Redesignation 

Dated: December 19, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2024–30717 Filed 1–2–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2022–0789; FRL–10888– 

03–R4] 

Air Quality Designations; KY; 

Redesignation of the Kentucky Portion 

of the Louisville, KY-IN 2015 8-Hour 

Ozone Nonattainment Area to 

Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is withdrawing its 

proposed approval of the request to 

redesignate the Kentucky portion of the 

Louisville, Kentucky-Indiana, 2015 8- 

hour ozone nonattainment area 

(hereinafter referred to as the 

‘‘Louisville, KY-IN Area’’ or ‘‘Area’’) to 

attainment for the 2015 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS or standards). EPA is 

withdrawing its April 18, 2023, 

proposed approval and is now 

proposing to deny Kentucky’s request to 

redesignate the Kentucky portion of the 

Area from nonattainment to attainment, 

based on the Area’s violation of the 

NAAQS. EPA is taking no action at this 

time on Kentucky’s maintenance plan, 

including the regional motor vehicle 

emission budgets for nitrogen oxides 

(NOX) and volatile organic compounds 

(VOC) for the years of 2019 and 2035, 

submitted with Kentucky’s 

redesignation request for the Louisville, 

KY-IN Area. The redesignation request 

and maintenance plan state 

implementation plan (SIP) revision were 

submitted by the Commonwealth of 

Kentucky, through the Kentucky Energy 

and Environment Cabinet (Cabinet), 

Division of Air Quality (DAQ), on 

September 6, 2022. 

DATES: Comments must be received on 

or before February 3, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2022–0789 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Sarah LaRocca, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

8994. Ms. Sarah LaRocca can also be 

reached via electronic mail at 

larocca.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 6, 2022, Kentucky 

submitted a request to redesignate the 

Kentucky portion of the Louisville, KYIN 2015 8-hour ozone nonattainment 

area from nonattainment to attainment. 

Accompanying Kentucky’s request for 

redesignation under Clean Air Act (CAA 

or Act) section 107(d)(3)(D) was a SIP 

revision containing a maintenance plan 

for the Area, as is required by CAA 

sections 107(d)(3)(E)(iv) and 175A in 

order for EPA to redesignate an area 

from nonattainment to attainment. On 

April 18, 2023, EPA proposed to take 

the following separate but related 

actions addressing the September 6, 

2022, submittal: (1) to approve 

Kentucky’s plan for maintaining the 

2015 ozone NAAQS (maintenance plan), 

including the associated motor vehicle 

emissions budgets (budgets) for the 

Louisville, KY-IN Area, and incorporate 

the plan into the SIP, and (2) to 

redesignate the Kentucky portion of the 

Area to attainment for the 2015 8-hour 

ozone NAAQS. EPA also notified the 

public of the status of EPA’s adequacy 

determination for the budgets for the 

Area. The Louisville, KY-IN Area is 

composed of Bullitt, Jefferson, and 

Oldham Counties in Kentucky, and 

Clark and Floyd Counties in Indiana. 

These proposed actions are summarized 

below and described in greater detail in 

the notice of proposed rulemaking 

(NPRM) published on April 18, 2023. 

See 88 FR 23598. 

II. Criteria for Redesignation 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA prohibits the 

redesignation of such an area unless: (1) 

the EPA Administrator determines that 

the area has attained the applicable 

NAAQS; (2) the Administrator has fully 

approved the applicable 

implementation plan for the area under 

section 110(k); (3) the Administrator 

determines that the improvement in air 

quality is due to permanent and 

enforceable reductions in emissions 

resulting from implementation of the 

applicable SIP and applicable Federal 

air pollutant control regulations and 

other permanent and enforceable 

reductions; (4) the Administrator has 

fully approved a maintenance plan for 

the area as meeting the requirements of 

section 175A; and (5) the state 

containing such area has met all 

requirements applicable to the area for 

purposes of redesignation under section 

110 and part D of the CAA.1


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